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NONJUDICIAL ALTERNATIVES FOR RESOLVING END‐OF‐LIFE DECISIONS FOR MINORS
Author(s) -
Canter Joanna M.
Publication year - 2005
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2005.00051.x
Subject(s) - intervention (counseling) , autonomy , legislature , law , mediation , best interests , family mediation , political science , psychology , alternative dispute resolution , psychiatry
This note will discuss end‐of‐life decision making for minors. Minors who suffer from a terminal illness or who are in a persistent vegetative state are “children on the edge”—they are on the edge of life and death, as well as on the edge of the law. The judicial system and legislative action have proven to be ineffective tools in helping families find a peaceful resolution to life‐threatening questions. Judicial intervention is often intrusive, as well as emotionally and financially difficult for the family to endure. As a result, alternatives have arisen, such as hospital ethics committees and mediation, which address these issues. These alternatives demonstrate respect for patient autonomy and family privacy, by considering the family's wishes in addition to the minor's medical condition. If people avail themselves of the resources already in place, judicial intervention only becomes necessary in extreme circumstances. Nonjudicial alternatives provide a more appropriate forum for resolution than the courtroom by eliminating opportunities for public spectacle and family intrusion.